1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 23.2.2001 passed by the Special Judge, Raipur in Special Sessions Trial No. 10/2000 convicting the accused / appellant No.1 under S.376 of the Indian Penal Code (for short 'the IPC') & accused / appellant No. 2 under S.376 r/w S.114 of IPC and sentencing each of them to undergo R.I. for 10 years and fine of Rs.5000/-.

2. As per prosecution case, the prosecutrix (PW - 1), aged about 14-15 years, was working as maid - servant in the house of accused / appellants. In the night of 25.12.1999 as the husband of accused / appellant No. 2 i.e. accused / appellant No.1, was on night duty, the accused / appellant No. 2 asked the prosecutrix to stay with her whole night on the pretext that she had already obtained permission of her mother in this regard. In the night at about 12.30 a.m. while she was sleeping, she felt some removing her clothes and then, she woke up and saw that accused / appellant No.1 is removing her Salwaar and her wife (accused / appellant No. 2) had caught, hold of her both the hands. Accused / appellant No.1 was having knife in his hands. Accused / appellant No.1 after removing her